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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 4, 2014, Nonparty D, the husband of the Plaintiff, entered into a sales contract with the Defendant on the F’s “F” unit purchase G located in Suwon-si E (However, the name of the seller on the sales contract is written in Nonparty H and I) and paid KRW 5,00,000 to the Defendant as the down payment.
B. D is the defendant and the above.
The contract deposit paid by the Defendant under the above contract shall be returned by cancelling the contract for sale in lots as stated in the port, and instead of the above house, the K purchased the house of "K" in the J-si Suwon-si in lieu of the above house.
C. On November 3, 2014, the Plaintiff signed the subscription form (hereinafter “instant subscription form”) with the content that the Plaintiff subscribed for the sales contract for K’s Electric House L (hereinafter “instant house”). C affixed a corporate seal on the Defendant’s name named on the subscription form, and the instant subscription form includes the following:
K 청약서 ▣ 목적물의 표시 : type L 호 분양가 : 추후협의 제1조 (목적) 본 청약은 청약시점에 원고가 피고에게 청약대금을 납부하고 분양계약 전환일(2014년 월 일)에 피고가 원고에게 상기 목적물 및 분양가로 계약할 수 있게 우선권을 주는 것을 목적으로 한다.
Article 2 (Method of Subscription Price and Payment)
1. Amount of subscription: Three thousand won per day (in n.e., 30,000,000)
3. In the event that the Plaintiff did not execute the contract by the date of conversion of the contract for sale in lots, this offer is withdrawn immediately after the Defendant notified, and the subscription price shall be returned to the Plaintiff.
On November 3, 2014, the Plaintiff transferred the subscription amount of KRW 30,000,000 (hereinafter “instant subscription amount”) under the said subscription form to the account in the name of C.
E. Since then, the sales contract for the instant housing was not concluded between the Plaintiff and the Defendant, and the Plaintiff out of the subscription amount from C.